Rugby Club Issue 72 - Page 6

FOLLOW US ONLINE TWITTER.COM/RUGBYCLUBMAG Do you have Volunteers at your club? If so are they really a Volunteer or could they actually be an Employee/Worker?! If so are they really a Volunteer or could they actually be an Employee/Worker?! The one key element when determining whether someone is or isn’t a volunteer has to be whether they are providing a service to the club free of charge? A volunteer should be someone who has no obligation to the club what so ever. They do not receive payment for their services and have the right to accept or decline any forms of ‘work’ offered. Basically if the club can answer yes to the following then it usually means the person is a volunteer: • They are not paid a wage but can be paid for their expenses • Statutory minimum notice of one week per year of service up to a maximum of twelve weeks’ notice must be given to employees. • Statutory written statement of terms of employment must be given to employees within 8 weeks of commencement of employment, although a “volunteer agreement” is recommended for volunteers. • Employee dismissals must follow a fair process, YOU MUST NOT victimise or dismiss an employee on the grounds of race, sex, disability, sexual orientation, religion or belief, age or trade union membership. • They are not contracted to provide any services offered and can at will and without prior notice decline their services at any point • An employee must not be victimised or dismissed for any reason relating to his or her right to health and safety at work. • The Club can terminate the offer of work / services without giving any prior notice • Employees have the right to be provided with statutory redundancy payments for redundancy dismissal. • The Club does not offer any form of benefits to the voluntary employee i.e. Pension, sick pay, holiday pay, car, life assurance, medical cover • Qualifying employees have the right to be paid statutory sick pay during periods of sickness. If there is any indication that money is being paid or that there is a mutuality of obligation, then your volunteer could be re classified as a worker or employee. Why is it important to have Employee and Volunteer Distinction? The answer …… Employment Rights! Below is a list of rights employees have but volunteers do not: • Employers must pay Income Tax and National Insurance contributions through PAYE. 6 Issue 72 • Qualifying employees have the right to be paid statutory maternity or paternity pay during periods of maternity or paternity leave and to allow the employee to return to work thereafter. • The employer must provide written reasons for dismissal upon request • The employer must hold valid employer’s liability insurance covering all employees